Was the Crumbl Cookie ‘Pop-Up’ in Sydney a Scam?

Crumbl Cookies is already the trendiest bakery chain on TikTok, but now that their cookies are embroiled in a cross-continental scandal, it’s all social media can talk about. Founded in 2017, Crumbl gained popularity for its over-the-top decorations, whimsical flavors, and fresh-from-the-oven, ooey-gooey texture. Even if you haven’t gotten the chance to try the cookies, you’ve likely seen them on your TikTok For You page — videos of people delicately breaking apart and taste-testing every seasonal release out of Crumbl’s signature pink box from the comfort of their cars (for optimal lighting, obviously).

Crumbl has expanded rapidly, now boasting more than 1,000 locations around the United States, Puerto Rico, and Canada. And yet, Crumbl hasn’t set up shop outside of North America. So when news broke that Crumbl would be hosting a one-day-only pop-up in Sydney, Australia, the word spread like wildfire. 

In late September, a TikTok account with the handle, @CrumblSydney began promoting the pop-up with videos (identical to ones posted on Crumbl’s official TikTok, @crumblcookies). One of the first videos, which has since been deleted, had text that read, “Crumbl is landing in Australia. 1 day popup store. Sunday, 29th of September, 12pm till sold out.”

The account continued to promote the event, which was originally scheduled for September 27 and pushed to the 29th due to “flight delays.” When the day arrived, hundreds of Aussies flocked to the pop-up location in North Bondi and waited in a line, which was reported to take 45 minutes to one hour. There, they could purchase five flavors of cookies for $17.50 AUD — that’s about $12 USD a pop. They could also save a couple of bucks and get a five-pack for $75 AUD (about $51). The high price raised some alarm bells for attendees — $12 for any cookie would be extreme, but when a typical Crumbl cookie in the States goes for $5, the cost became downright disrespectful.

Many of the attendees shared TikTok videos of themselves trying the Crumbl cookies. What starts with excited smiles and full appetites turned into disappointment and buyer’s remorse. In one video from @sofiaqistinee, the dry cookies were crumbling (no pun intended) before they could even take a bite. “In terms of freshness, 0 out of 10,” she said. In a different video, content creator @elle_easternsuburbsmum remarked, “I’m disappointed. I can’t believe I waited an hour.”

It didn’t take long for sleuths to figure out that not everything was what it seemed. By piecing together the videos on @CrumblSydney’s TikTok (which has since been wiped clean, excluding their formal response to the scam accusations), it became clear that Crumbl Cookies had no affiliation with the pop-up. And while the cookies were made by Crumbl, they were purchased in the United States, then packed up and flown back to Sydney. That means that the cookies were four to six days old. 

The conversation then shifted from confusion to accusations: How do we know the cookies were safe to eat? Was the pop-up infringing on Crumbl’s trademark? Was the whole thing a scam? There’s no question that if you weren’t observing the account with a keen eye, you’d easily be fooled. The pop-up used branding, videos, and marketing language identical to Crumbl. But, according to restaurant lawyer Jasmine Moy, “trademark registration needs to be applied for separately in the regions in which you want to use them. Registering for the trademark in the U.S. doesn’t give you any protection in Australia.” So if Crumbl hasn’t applied for a trademark in Australia, its name and branding is open for use. 

In the days following the pop-up, @CrumblSydney released a statement on TikTok (which has since been deleted and replaced with a Google Doc), including screenshots, to plead their case. They stated that they are not officially Crumbl, “never claimed to be an official Crumbl store” and “this was clearly stated in bio and our comments.” As someone who followed this drama from day one, I can confidently say that they’re stretching the truth here. While their bio now reads, “Not endorsed by Crumbl, just fans importing!” it used to simply include the day, time, and location of their pop-up.

The document also includes proof that they indeed purchased the cookies at a Crumbl store in the form of receipts, plus a link to Crumbl’s registered IPs in Australia (its logo of a mustachioed man in a chef’s hat) to prove that they didn’t infringe on the trademark (though, confusingly, they did use that logo on-site at the pop-up). They assured that they met food-safety requirements when storing the cookies and that they did not profit off of the pop-up — backed up with a breakdown of their expenses, from flights to staffing to the cost of the cookies themselves. They said that they followed customs protocols and that they were legally allowed to resell purchased items as they are considered “parallel imports.” 

In a statement sent to People, official Crumbl Cookies said, “While the pop-up in Australia was not sponsored by Crumbl, we love seeing excitement for Crumbl around the world…We look forward to expanding to other countries in the future. Information about new international locations will be shared through our official Crumbl communication channels.”

Crumbl co-founder, Sawyer Hemsley, also addressed the scandal in a comment on TikTok: “You need to try them fresh,” he said. “P.S. this pop-up is not affiliated with Crumbl Cookies.” In another comment, he said “It appears we need to expedite our visit to Australia. Please note, this pop-up is in no way affiliated with @CrumblCookies.”

Whether or not the pop-up creators made a profit off of the Crumbl Cookies, I’d say that $12 for any cookie is a scam. But, if one positive thing came out of this mess, it’s that it might have given Crumbl a much-needed nudge to expand worldwide.